STATE OF GUJARAT Vs. SUHASINI JAYANAND FARMER

JUDGEMENT

(1.) This Appeal, preferred under Clause 15 of the Letters Patent, arises from the judgment and order dated 22.06.2007 of learned Single Judge in above Special Civil Application No.24865 of 2006 whereby the appellants were directed to grant the benefit of pay scale of Rs.8000-13500 of lecturer Class-II to the respondent herein.

(2.) The respondent was initially appointed as Staff Nurse on 12.11.1979 and thereafter as Nursing Tutor on 01.08.1988. She was thereafter appointed as Demonstrator Nursing Class-III on 03.02.1993 in pursuance of an advertisement and consequent selection. Although she completed 27 years of service in the same Department, she was not accorded the benefit of Higher Scale Grade which an employee was entitled on satisfactory completion of nine years. According to the appellants, the respondent did not have the continuous service of nine years in any cadre she served nor did she possess the requisite qualification of Master Degree in Nursing and hence, as per the Government Resolution dated 16.08.1994, she would not be entitled to the benefit of higher pay scale. She, therefore, preferred Special Civil Application No.24865 of 2006 before this Court. Learned Single Judge of this Court vide order dated 22.06.2007 directed the appellants to grant the benefit of pay scale of Rs.8000-13500 which is of Lecturer Class-II to the respondent, giving rise to the present appeal by the State.

(3.) Learned AGP, Ms.Moxa Thakker, submitted that the respondent did not complete the requisite service of nine years since the year 1979 in any cadre and hence, she is not entitled to get the higher pay scale grade as per the Government Resolution dated 16.08.1994. Taking this Court through the afore referred resolution more particularly clause(3) and clause 3(2), it was submitted that the respondent did not possess the educational qualification of the promotional post of Lecturer and hence also, she was not entitled to the benefit of pay scale of Lecturer.